DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-58100
BUG
Docket No: 44-09
30 September 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 September 2009. Your allegations of error
and injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. In addition, the Board
considered the report from the Naval Discharge Review Board
(NDRB), dated 30 August 2005, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or-injustice.-—In-this connection,-the Board.....-— -.--. --.--
substantially concurred with the comments contained in the
report of the NDRB.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your prior
honorable service and alcohol abuse problems. However, the
Board concluded that these factors were not sufficient to
warrant recharacterization of your last discharge due to the
seriousness of your misconduct. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
The Board noted that you may be entitled to Department of
Veterans Affairs (DVA) based on your prior honorable service.
If you have been denied such benefits, you may appeal that
decision with the DVA.
It is regretted that the circumstances of your case are such . -
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new .
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on -the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
\ Non
W. DEAN PFHRSF
Executive Dire
Enclosure
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